Bonum Certa Men Certa

Legal Analysis Reveals That EPO Principal Director for Human Resources (Bergot) Resorts to “Gross Violation of Due Process”

Summary: Why the EPO's attack on staff representatives is so outrageous, based on a legal letter sent to the UN's Special Rapporteur for Freedom of Speech and Expression, Special Rapporteur for Freedom of Association, Special Rapporteur for Human Rights Defenders, Jesper Kongstad (Administrative Council), and Director of the Netherlands Patent Office

IN order for people to understand just how out of line the EPO's management has stepped, at this point in time we may need to show some legal documents which explain what the EPO's management is actually doing.



The lawyers' response which we published here earlier today we now have in textual form. This reply is important as it helps highlight some of the things wrong with the EPO's approach. It was also copied to some staff at the United Nations.

Having received it from several sources (not just one), we now wish to post this as HTML. "This one is already two-weeks old," told us one source, "but just came out." This source is aware that many people are becoming aware of this response (as they probably ought to). "It will probably reach you by more than one correspondent," we were rightly told.

Here it is without any annotation or emphasis:

SCHWAB | FLAHERTY | ASSOCIES

Attention : Nouvelle address 7, rue de Candolie CH-1205 Geneve

Alexandre J . Schwab Avocat - MBA

Edward Patrick Flaherty Attorney at law - Member of the US Supreme Court and Massachusetts Bar Membre de l'Ordre des Avocats de Geneve

Michael Ford Shanahan Attorney at law - MBA Member of the US Court of Appeals for the Armed Forces and Colorado Bar

Can Burak Bayhan Attorney-at-Law Economist/stock & FX Expert Member of the Istanbul Bar Association

Monika Ona Bileris Attorney- at-Law Member of the New York Bar (USA)

RECOMMANDEE & PAR COURRIEL

Mr Jesper Kongstad Director General Danish Patent and Trademark Office Helgeshoj Alle 81 2630 TAASTRUP DANEMARK e-mail: -

Mr Derk-Jan De Groot Director--Netherlands Patent Office P.O. Box 10366 2501 HJ DEN HAAG PAYS-BAS e-mail: -

Geneva, 23 November 201:5

Concerne: Ms Elizabeth Hardon v European Patent Office (EPO)

Dear Sirs:

Further to my three (3) prior letters to you concerning my client, EPO Staff member Ms. Hardon, dated 8 and 21 October, and 11 November 2015, respectively1 by which we __________________________________ 1 These letters detailed a number of procedural and substantive detects in the pending disciplinary proceedings against Ms. Hardon, which are clearly directed against her on account of her actions in her capacity, to wit: *the charge letter of 4 September 2015 (case N€°. - --detailed in my letter and attachments of 8 October 2015) did not state the name of the complainants (in violation of ILOAT Judgment N€° . 2014 which holds that it is "contrary to due process to require an accused staff member to answer unsubstantiated allegations made by unknown persons"), the source of the purported statements asserted as misconduct in the letter, or any evidentiary basis for the initiation of the investigation against Ms. Hardon. *the charge letter of 4 September makes clear that the claims against Mr. Hardon (that she "orchestrated and promoted" a harassment campaign against an EPO colleague, and that she later attempted to intimidate other staff representatives) were based on confidential meetings of the Local Staff Committee in Munich, which is both an egregious breach of confidentiality as well as the right of all EPO staff members to exercise their freedom of speech and association. *the charge letter of 4 September claims that a single (indeed misquoted) sentence expressed in a confidential discussion among duly elected EPO staff representatives, and at best an assertion of an opinion rather than one of fact, amounts to actionable "harassment". *As indicated in my letter of 8 October, the charges of 4 September 2015 are very similar to specious harassment charges brought against Ms. Hardon nearly two years ago, also in her capacity as a staff representative, also based on a single sentence, expressing the collective opinion of several staff representatives, contained in a confidential email sent to 16 recipients who were either elected staff representatives or experts retained by such




Page | 2

demanded that you initiate an independent investigation into her claims of institutional harassment, Ms. Hardon was now been advised by letter dated 17 November 2015 from the Principal Director for Human Resources, - , that she was suspended immediately from service until further notice, on the basis of allegations of alleged harassment detailed in my prior letters to you referenced above (extract attached). Additionally, Ms. Hardon is now accused of conspiring with a suspended EPO staff member from DG3 "to systematically and repeatedly disseminate defamatory information", and to have communicated "with various members of news outlets, throughout 2013 and 2014, disclosing without authorisation non-public information". It appears obvious that the Office will move swiftly to terminate Ms. Hardon' s appointment, which has clearly been its bad faith intention all along.

Ms. Hardon has denied any and all allegations of misconduct against her and continues to do so. The latest specious and vexatious allegations of misconduct now form the subject of yet another disciplinary proceeding. This brings the number of disciplinary complaints which are being simultaneously prosecuted against her to three (3). In and of itself, this would tend to confirm her assertions of institutional harassment. It also makes it clear that the latest allegations can only be seen as a further, irregular continuance of the institutional harassment alleged in the previous demand letters. This is particularly true in view of the fact that one of the procedural defects detailed in my letter to you of 11 November 2015 (namely, that Ms. Hardon's accuser was not disclosed to her) has now been resolved in part with the revelation that the complainant is in fact -, the EPO Principal Director for Human Resources. The fact that the complainant is the very same person who is prosecuting all three disciplinary cases against Ms. Hardon is in itself a gross violation of due process.

The suspicion of serious procedural irregularities is further supported by the fact that a considerable number of critical documents to which Ms. Hardon is entitled to review as part of her fundamental right of defence were missing from the annexes to the letter informing Ms Hardon of Disciplinary Procedure N€°. D - dated 17 November 2015 (attached). Her response and request for such missing documents is also attached hereto.

Additionally, it is our information and belief that the Enlarged Board of Appeal decision (Art. 23/15 of 17 September 2015) found that the charges against the staff member primarily accused in case C- and the related case - were not substantiated. Accordingly, it is __________________________________ representatives. Despite the irregular and ultra vires finding of the Investigative Unit that the charges were "founded and proven", the responsible Disciplinary Committee, properly mandated to evaluate whether the conduct of Ms., Hardon was incompatible with several articles of the EPO Service Regulations, found unanimously in Ms. Hardon's favor and rejected the charges against her, recommending that the President close the proceedings and reimburse her legal fees. Despite this unanimous recommendation, the President imposed a down-grading upon Ms. Hardon, which decision is under appeal at the ILOAT. They also parallel prior false charges of harassment levied against Ms. Hardon for "campaigning against" another staff member, which charges were set aside by the ILOAT in its Judgment N€°. 2984. *As pointed out in my letter and attachment of 8 October, the initiation of repeated disciplinary proceedings against Ms. Hardon on the basis of specious and frivolous misconduct charges, all of which to date have been rejected by the EPO Disciplinary Committee and the ILOAT, is further incontrovertible evidence of the EPO's ill will towards Ms. Hardon in particular and its bad faith against staff representatives generally, which numerous hostile and intimidating attacks against her personally have set back Ms. Hardon's career leading to financial as well as professional injury, damage to her dignity and reputations, causing significant injury to her health. *Ms. Hardon's suspicion that she is the target of an orchestrated campaign by senior EPO officials to drive her out of the Office on false grounds is confirmed in her letter attached to my letter to you of 21 October 2015, where it is revealed that the complainant in Case N€°- is not the staff member alleged to have been harassed, but in fact - who is also prosecuting the case against Ms. Hardon, a further gross violation of fundamental due process.




Page | 3

a legal impossibility for Ms. Hardon to have been an accomplice with her colleague when his actions were not found to be misconduct, requiring that all charges against Ms Hardon arising out of case C- and the related case C- be forthwith dismissed.

Finally, at the point in time when the Investigation Unit invited Ms. Hardon to comment on the summary of findings in the latest investigation case C- the Office Administration had already decided to initiate a disciplinary procedure against her incorporating allegations from Case-. This action on the part of the Office Administration appears to have been motivated by her actions in rightly declining to submit to an interview when she had already been identified as a target of the subject investigation2>. Her "refusal" to attend an interview pending clarification of deficiencies in the invitation was not in any way a refusal to cooperate with the investigation. The Office Administration has apparently responded by making the allegations from C- the subject of a disciplinary action (see enclosed annex) despite the fact that the case had not yet been closed. As a matter of fact, at the point in time when the disciplinary report was issued, i.e., 17 November 2015, the deadline for the submission of Ms. Hardon's written comments on the summary findings pursuant to Art. 18 (1) of the EPO Investigation Guidelines (which was set for 23 November 2015) had not yet expired. In addition to violating the cited jurisprudence, these actions would also appear to be in breach of Art. 18 (2) and (7) of the EPO Investigation Guidelines and, moreover, would appear to undermine the integrity of the investigation.

You have thus far failed to take any action in response to Ms. Hardon's requests for an investigation into the harassment claims against her, in violation of applicable ILOAT jurisprudence3. On behalf of Ms. Hardon, I therefore repeat once again her request for an

__________________________________

2 In the recent UNDT decision Judgment No. UNDT/2011/081 (Cabrera), the level of due process to which an international civil servant is entitled when he or she becomes of the "target" of a misconduct investigation was clearly stated: "In conclusion, the Tribunal is of the opinion that the assurances of due process and fairness ... mean that, as soon as a person is identified, or reasonably concludes that he has been identified, as a possible wrongdoer in any investigation procedure and at any stage, he has the right to invoke due process with everything that this guarantees. Moreover, the Tribunal finds that there is a general principle of law according to which, in modern times, it is simply intolerable for a person to be asked to collaborate in procedures which are moving contrary to his interests, sine processu."

"It is a fundamental principle of due process that where an individual has become the target of an investigation,then that person should be accorded certain basic due process rights ...as soon as a person is identified, or reasonably concludes that he has been identified, as a possible wrongdoer in any investigation procedure and at any stage, he has the right to invoke due process with everything that this guarantees. Moreover, the Tribunal finds that there is a general principle of law according to which, in modem times, it is simply intolerable for a person to be asked to collaborate in procedures which are moving contrary to bis interests, sine processu."

ILOAT Judgments No. 2475 and No. 295 also confirm this view, dictating that investigations must "be conducted in a manner designed to ascertain aU relevant facts without compromising the good name of the employee and that the employee be given an opportunity to test the evidence put against him or her and to answer the charge made."

The fundamental requirements of due process set out above have indisputably been egregiously ignored in Ms. Hardon's case to date, which she shall vigorously contest in all fora available to her.

3 ILOAT Judgment N€°. 3485 at consideration 16: "It is not controverted that some of [the complainant's] complaints went unanswered. This shows that there was a degree of indifference regarding his express concerns. This was not only another aspect of harassment but also a breach of the ICC's duty of care towards the complainant which, in addition to the breach of due process, entitles him to moral damages [...]." And ILOAT Judgment N€°. 3377 at consideration 14: "The evidence further shows that the Organization also breached its duty to ensure that his complaints were addressed in a proactive manner ....", and at consideration 26: "Firm precedent has it that when an official makes allegations of harassment, she or he is entitled to have




Page | 4

immediate, independent investigation by an external authority into her harassment allegations, including the most recent specious allegations against her, and further, that you take immediate, meaningful interim measures to stop such alleged institutional harassment of Ms. Hardon, including the lifting of her irregular suspension, and prevention of EPO's intended imminent termination of her appointment. Please treat this demand as a further request for a final administrative decision.

Thank you for your courtesy and attention; we look forward to your prompt reply.

Enclosures Cc: client UN Special Rapporteur for Freedom of Speech and Expression UN Special Rapporteur for Freedom of Association UN Special Rapporteur for Human Rights Defenders

__________________________________ them dealt with in accordance with the rules and procedures in force (see Judgment 2642, under 8). If an organisation fails to do so, it breaches not only its own policies and rules, but also its duty of care towards the official."

And ILOAT Judgment N€°. 3347, at consideration 14: "However, given the serious nature of a claim of harassment, an international organization has an obligation to initiate the investigation itself in a timely manner and the corollary obligation of ensuring that the internal body responsible for investigating and reporting on claims of harassment has the necessary resources to carry out that responsibility (see Judgment 3069, under 12)."

And Judgment N€°. 3337 at consideration 11: "The Tribunal has consistently stressed the serious nature of allegations of harassment in the workplace and the need for international organisations to investigate such allegations promptly and thoroughly. This is a function of the organisation's duty of care to its staff members to uphold their dignity. [... ] €»



There may still be some typos or unintentional omissions above. The intentional omission is the name Bergot (c/f part one, part two, part three, and part four of "EPO: It's Like a Family Business"), which isn't just engaging in some kind of 'cat fight' here as she is clearly the "complainant [and also] the very same person who is prosecuting all three disciplinary cases against Ms. Hardon" which is "in itself a gross violation of due process." ⬆

Comments

Recent Techrights' Posts

Intercontinental Brigading - Part XXXVII - Tasteless, Tactless Time for "Virtue-Signalling" (When Your Actions Are Much Like the GOP's)
Violence by cops isn't a "leftist" thing
United Arab Emirates: GNU/Linux at Over 8%
According to statCounter
As XBox Goes Out of Business Helen Chiang Adds Insult to Injury
XBox sales are worst in 25 years
Intercontinental Brigading - Part XXXIV - Women as Hostages, Even Spouses
First he put his own spouse behind bars by accusing the spouse of what he himself seems guilty of
A Geminispace Tally
That's not the Web, it is an alternative to it
Intercontinental Brigading - Part XXXIII - Shooting the Messenger is a Presidential Tactic
why our ministers are looking for ways to fix the law.
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
 
Links 04/11/2026: Slop Helps Break Laws and Scam Altman Pretends Chatbots Are Persons
Links for the day
Gemini Links 04/11/2026: Abacus and Spare IT Equipment
Links for the day
Viet Nam and Thailand at High Adoption Levels of GNU/Linux, Other Nations Nearby Are No Exception
Helen Chiang and her colleagues say it's a "clown show" at Microsoft
Richard Stallman on What It's Like to be Threatened by Strangers With Software Patents
We hope that some EPO insiders will take time to listen to this talk
Stealth Layoffs at IBM (PIPs and Bailouts)
string of reports or unverified hearsay
Steven Vaughan-Nichols is Slop
Just look at this
The Register MS is "Hosting a Dinner" for Sponsors
Remember that The Register MS keeps publishing spam about "AI"
Intercontinental Brigading - Part XXXVI - A Potent Microsoft Threat to Administration of Justice Globally (Not Just Fair Elections)
Breaking into machines to cover up one's own crimes
Intercontinental Brigading - Part XXXV - When One Does Not Understand Security (Nor Ever Pursues Security)
One might therefore conclude that Garrett is a proponent of American back doors
Links 04/11/2026: "Democratic Establishment" Wins Big and "Pentagon Sued Over Hegseth’s New “Future of Warfare” Committee Led by Musk"
Links for the day
Andy's Latest Writings About Proton CEO Andy Yen, "JavaScript Required", and Slavery in Technology
Andy (of The Cyber Show) has some new material
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
The Tower of Babel
More is not better
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Writing for Good
The Web has an abundance of junk
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?